A Review cannot be used to Revisit Merits or Reappraise Evidence unless there is an Error Apparent on the face of the Record --- Supreme Court of Pakistan
Islamabad 28-12-2024: The Supreme Court of Pakistan has dismissed a Civil Petition for Leave to Appeal (CPLA) filed by Syed Ali Ahmed Shah, challenging the Sindh High Court’s rejection of a review application in a longstanding land ownership dispute. The apex Court upheld the High Court’s decision, emphasizing the sanctity of judicial orders and procedural compliance.
The dispute revolved around urban land measuring 5 Guntas (5445 sq. ft.) in Deh Dad, Taluka Nawabshah. The petitioner alleged fraudulent mutation of his inherited share by the respondent, Syed Shoukat Hussain Shah, who had constructed a petrol pump on the disputed property. The petitioner initially succeeded in the trial Court, but the appellate Court overturned the decision. A subsequent Civil Revision Application filed in the High Court led to the matter being remanded to the trial Court for fresh adjudication based on joint ownership.
The petitioner filed a review application under Order 47 Rule 1 CPC, claiming the High Court erred in recording “consent” for the remand order. The High Court dismissed the review on procedural grounds, noting that the application was filed beyond the 20-day limitation period without an application for condonation of delay.
The Supreme Court of Pakistan affirmed the High Court’s dismissal of the review, citing several legal principles:
- A review cannot be used to revisit merits or reappraise evidence unless there is an error apparent on the face of the record.
- Consent orders recorded in open Court are binding and cannot be challenged without substantive evidence of fraud or misrepresentation.
- The petitioner failed to support his claims with affidavits or evidence, further weakening his case.
- The Court underscored the presumption of correctness attached to judicial proceedings.
The Supreme Court of Pakistan also highlighted relevant precedents, including Dr. S.M. Qaim Vs. Raisul Hassan Naqvi (1981 SCMR 950) and Allah Dita Vs. Bashir Ahmed (1997 SCMR 181), reinforcing its decision.
The Supreme Court of Pakistan dismissed the petition in limine, reiterating that judicial orders cannot be revisited based on vague allegations. This decision serves as a reminder of the importance of procedural adherence and the limited scope of review jurisdiction in civil disputes.
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